Supreme Court has recently directed that there will be a levy of 100% penalty on the miners’ total value of illegal mining extracts over the years.
What is the case about?
The judgment was on the basis of a PIL plea filed by NGO Common Cause about the rampant illegal mining of iron and manganese ore in Odisha.
The court had appointed a Central Empowered Committee (CEC) to look into illegal activities by mining companies and furnish a report on it.
CEC had recommended that 30% notional value be realized from illegal mining companies.
The Supreme Court had, however, imposed a 100% penalty on illegal mining on account of lack of forest and environment clearances.
What are the directions given?
Mining has become a source of corruption, excessive exploitation of natural resources and a curse in the lives of forest dwellers and tribal community.
In this regard, the court has observed that the National Mineral Policy (NMP) of 2008 has failed to check illegal mining of natural resources.
It has directed the Centre to revisit the policy, which is ineffective due to the involvement of powerful vested interests.
It has firmly ruled that any excess extraction even within the leased area of the company would also amount to unlawful mining.
It has clarified that every renewal of a mining lease would require such clearance, even if there is no expansion, modernisation or increase in the pollution load.
It gave directions for setting up of an expert committee presided over by a retired judge to identify the lapses that have occurred over the years with regard to mining and recommend preventive measures.
Supreme Court has gone beyond a mere affirmation of the ‘polluter pays’ principle and has made a stringent action against undue exploitation of natural resources.
